State Auto Property & Casualty Insurance v. Pro Design, P.C.

MEMORANDUM

JAMES M. MUNLEY, District Judge.

Before the court for disposition is the plaintiffs motion for summary judgment in this automobile insurance declaratory judgment action. Having been briefed and argued, the matter is ripe for disposition. The issue we must decide is whether Defendant Pro Design can avail itself of stacked underinsured motorist benefits if it waived stacking on a single-vehicle policy where it subsequently added two vehicles to the policy and never signed a waiver of stacking for those additional vehicles. Background 1

On October 28, 2006, Ronald Dillman and Christine…